January 2021

Personal Injury Litigation in a Pandemic - Overcoming Hurdles with Plaintiff Cost Insurance

Personal Injury Litigation in a Pandemic - Overcoming Hurdles with Plaintiff Cost Insurance

Personal injury lawyers have experienced their fair share of business interruptions throughout the COVID19 pandemic. Office closures and court closures during the first two quarters of 2020 effectively put cases on hold. However, the repercussions are much greater than just a stall of the litigation proceedings. 

In times of uncertainty, mounting delays and disbursements, plaintiffs and their lawyers look for security. DAS Legal Protection Inc. offers just that through our portfolio of Plaintiff Cost Insurance products. Backed by Temple Insurance Company, with an A+ score from the A.M. Best Company rating agency, under the umbrella of the Munich Re (Group), one of the world’s largest re-insurance companies.

Plaintiff Cost Insurance doesn’t just offer plaintiffs security and peace of mind in the event that their case ends in trial loss. Developed by civil litigators, our insurance products provide coverage for costs and disbursements in several events such as failure to beat the defendant’s last offer, dismissal, withdrawal and more.     

While there are always inherent risks in commencing a personal injury claim, this novel time brings additional new risks. This is where Plaintiff Cost Insurance becomes an essential component of a personal injury claim. Without it, the cost consequences associated with the unique risks plaintiffs are facing today can be insurmountable. Armed with Plaintiff Cost Insurance, plaintiffs can lessen the impact of the hurdles they are facing and feel confident in pursuing a just resolution to their case. 

The success of a plaintiff’s personal injury case depends not only on proving liability and damages but also on consistent, documented evidence of injuries, symptoms and ongoing treatments. Closures of rehabilitation clinics and practitioners’ offices during the quarantine period created an additional hurdle for plaintiffs and their personal injury lawyers by causing treatment and evidentiary gaps. Delays and closures also resulted in difficulties in obtaining medical expert evidence. Courts should recognize these gaps in evidence as a result of the pandemic and not as weak points in the plaintiff’s case. Nevertheless, these gaps in evidence and potential weakness in the plaintiff’s case remains.  

If your firm isn’t armed with Plaintiff Cost Insurance for your clients, contact our Plaintiff Cost Insurance team to learn more about how you can empower your clients in this difficult time.

Posted: 1/18/2021 3:50:43 PM by Joanna Milnes

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